A family's pursuit of justice for their deceased mother has taken a significant turn in the courts. On August 27, 2024, Jahmal Tillman and Jirus Tillman filed a complaint in the Court of Appeal, Fourth Circuit, State of Louisiana against several defendants including Woldenberg Village, Inc., and Dr. Joshua Lowentritt.
The case centers around the alleged medical malpractice that led to the death of Rose Tillman. According to the petition filed on October 11, 2017, Ms. Tillman was admitted to West Jefferson Medical Center on March 25, 2012, with severe headache and left-sided weakness. A CT scan revealed a right basal ganglia bleed extending into the right lateral ventricular posterior horn. Neurosurgeon Dr. Durga Sure recommended admission to the Intensive Care Unit and initiated seizure prophylaxis with Dilantin (phenytoin). Despite subsequent evaluations by other doctors suggesting discontinuation of Dilantin due to lack of necessity and potential adverse reactions, Ms. Tillman continued receiving it.
Ms. Tillman's condition worsened over time; she developed symptoms indicative of an allergic reaction which were inadequately documented by medical staff. She was transferred to Woldenberg Village on April 27, 2012, where Dr. Joshua Lowentritt continued her phenytoin treatment without questioning its necessity for a patient without a history of seizures. In early May 2012, Ms. Tillman developed a fever and her mental status deteriorated along with worsening rash symptoms attributed initially to Aleve but later suspected as Drug Reaction/Rash with Eosinophilia and Systemic Symptoms (DRESS) syndrome caused by phenytoin.
After being transferred back to West Jefferson Medical Center on May 8, 2012, DRESS syndrome was confirmed by Drs. Christopher Dalinkus and Markalain Dery who discontinued phenytoin but could not prevent her deterioration leading to her death on May 22, 2012.
The plaintiffs allege that multiple defendants' negligence contributed to Ms. Tillman's wrongful death through improper standard of care practices such as failure to conduct differential diagnosis despite alarming clinical symptoms like rash and itching indicative of an allergic reaction.
In February 2024, respondents filed a motion seeking exclusion of portions from testimony/opinions provided by dermatologist/dermatopathologist expert Dr. Jeffrey Zwerner arguing his lack expertise in internal medicine or skilled nursing facilities' care standards making him unqualified under La R.S .9:2794 & La C.E art .702 . The trial court granted this motion excluding relevant parts from Dr.Zwerner's testimony .
However , upon reviewing relators’ writ application asserting trial court errors regarding exclusion decision based on restrictive interpretation evidentiary rules while emphasizing overlapping medical disciplines allowing specialists outside specific fields testify given sufficient knowledge requisite subject matter ,the appellate court reversed lower court judgment reinstating admissibility full scope expert testimony supporting plaintiff claims against defendants .
Representing relators are attorneys Kara Hadican Samuels & Amanda J Francis from Kara Hadican Samuels & Associates LLC while respondents represented by Ann Marie LeBlanc , Kathryn M Caraway , Erica L Andrews from Caraway LeBlanc LLC presided over Honorable Lori Jupiter Civil District Court Orleans Parish case ID No .2017-09836 Division “1-14” before Judges Daniel L Dysart Dale N Atkins Rachael D Johnson